Today's Order List, a list of Supreme Court orders, is low temperature. As usual, it does provide a few interesting tidbits.
The Supreme Court is slow walking both handing down opinions and granting new cases for the next term. The Order List added two low-temperature cases. These cases still matter, obviously, but still notable.
Issue: Whether the phrase “entitled ... to benefits,” used twice in the same sentence of the Medicare Act, means the same thing for Medicare part A and Supplemental Social Security benefits, such that it includes all who meet basic program eligibility criteria, whether or not benefits are actually received.
They even limited the question examined one case:
Whether risk disclosures are false or misleading when they do not disclose that a risk has materialized in the past, even if that past event presents no known risk of ongoing or future business harm.
Conservatives continue not to explain why they recuse from cases: Alito, Barrett (2), Gorsuch (3), Chief Justice. The liberals have consistently explained (once in the same case where a conservative did not) why they recuse, citing the new code of conduct. Both sides don't do it.
Meanwhile, the Order List includes the usual odds and ends, including summary dispositions that clean away cases like those already decided, solicitor general briefing, and a refusal (as usual unexplained) to allow a petition in forma pauperis (in the manner of a pauper, a waiving of costs).
An Order List FAQ would be useful. Meanwhile, another Opinion Day for SCOTUS. There will be opinions on Thursday and Friday.
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